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END-USER LICENSE AGREEMENT (version française au bas de la page)

License Agreement. By purchasing and downloading each of the sound effect recordings from this website (each, a “Sound File”), you agree to the following terms and conditions that constitute the end-user license agreement (the “Agreement”) between you (“You” or “Your”) and SOUNDCHICK SFX INC. (the “Licensor”). This Agreement governs Your use of each Sound File as a single-user*.

License Grant and Permitted Use. Subject to the terms and conditions contained in this Agreement and in consideration for the corresponding one-time license fee (the “Fee”), the Licensor hereby grants to You a perpetual royalty-free non-exclusive limited right and license to use each Sound File downloaded for Your own personal and professional project purposes only (the “Permitted Use”). The Permitted Use includes Your ability to use one or more Sound Files in any music, soundtrack, film, video, video-game, website or other media platform to the extent that it forms part of Your project. Other than as expressly permitted under this Agreement, as between You and the Licensor, Licensor is the owner of all right, title and interest in and to each Sound File including, without limitation any copyrights therein. The Sound Files are protected by and subject to Canadian and international intellectual property laws. Nothing in this Agreement precludes Licensor or any of its successors or assigns from using or permitting other persons and parties to use the Sound Files. While not a requirement of this Agreement, You are encouraged to give credit to the Licensor with respect to Your use of the Sound File.

Limitations on Use. You may NOT resell, transfer, share, give away or sublicense the Agreement or any of the Sound Files or otherwise make them available as Your own files to any other person or party. Furthermore, You may not resell, transfer, share, give away, sublicense or otherwise make available any Sound File separately or as part of a sound file compilation, sound file library or as part of any product or service that competes with Licensor’s business of licensing or distributing sound file recordings even if the Sound File has been transformed, modified, remixed or edited in any way, or if You add other instruments, voices or sounds to the Sound File. You are also prohibited from using a Sound File in connection with any illicit or illegal activity or in a manner that incites illicit or illegal conduct or that is contrary to public order. Any action in violation of these prohibitions will be null and void and constitute a breach of this Agreement.

Limitation of Liability and Indemnity. Licensor offers the Sound Files as is and makes no warranty or representation of any kind, express or implied, statutory or otherwise, including without limitation, any warranties of title, merchantability, fitness for a particular purpose, non-infringement or the presence of errors, whether or not discoverable by Licensor. In no event will Licensor be liable to You for any special, incidental, consequential, punitive or exemplary damages arising out of this Agreement or Your use of the Sound File, even if Licensor has been advised of the possibility of such damages. Without limiting the generality of the foregoing, the total liability of Licensor under this Agreement shall be limited to that part of the Fee paid hereunder by You to Licensor for the Sound File that is the subject of the liability claim. You shall at all times defend, indemnify and hold harmless Licensor, its directors, officers, employees and agents and their respective successors and assigns from and against any and all third party claims, actions, damages and losses, liabilities and expenses, including reasonable outside attorneys’ fees, arising out of or caused by Your use of the Sound Files.

Termination. This Agreement and the rights granted hereunder will terminate automatically upon any breach by You of the terms and conditions of this Agreement following which You will not have the right to use any Sound File, each of which must be deleted or returned to Licensor immediately, without notice or delay. Notwithstanding the above, individuals or entities who have been provided the Sound Files as part of Your projects will have the right to continue using such Sound Files as part of the project.

Taxes. The Fees charged by Licensor do not include any taxes, duties or other government charges. Licensor will charge You additionally for the amounts of any such taxes, duties or other charges which Licensor is required to collect, including without limitation, sales and use taxes and value added taxes.

General Provisions. This Agreement shall be governed by and construed according to the laws of the Province of Quebec and the federal laws of Canada applicable therein, and the parties hereby acquiesce to the exclusive jurisdiction of the courts of the judicial district of Montreal. The parties hereto have expressly authorized that this Agreement and all ancillary documents be drafted in the English language. Les parties aux présentes ont expressément permis que cette convention et tous les documents accessoires puissent être rédigés en langue anglaise. Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the parties. This Agreement shall be to the benefit of and bind the respective successors, heirs and assigns of the parties hereto. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, this disposition shall be unenforceable only in that jurisdiction and the remainder of this Agreement shall remain in full force and effect. The provisions of this Agreement imposing obligations on the parties beyond its termination shall survive any termination or expiry of this Agreement.